Judge defends her actions

Greg Risling

SANTA ANA -- Sitting in an unfamiliar spot, the witness stand, a Harbor

Justice Center judge defended her actions on the bench Wednesday amid

allegations of judicial misconduct.

Judge Susanne Shaw testified that although her behavior during court

proceedings has been deemed by some as “unorthodox,” it is an attempt to

steer wayward defendants back to a healthy and fulfilling life.

“I care about what happens to them when they go out those sets of double

doors,” Shaw said. “I have about two minutes to make a difference in

people’s lives.”

Shaw, 53, is the subject of a 12-count misconduct probe by the state’s

Judicial Performance Commission. She is accused of verbally badgering

court staff and defendants in a demeaning and intimidating fashion.

Shaw admitted she does use a shot glass as an educational prop for DUI

offenders, occasionally breaks out into song and posts a sign that reads

“No Whining.”

But she said where there has been an allegation, her comments were used

to benefit the judicial process.

“Do I intentionally offend them?” she asked rhetorically. “Absolutely

not. I think what you people charged me with today has been taken out of

context and that’s why I’m here.”

Shaw’s attorney methodically led his client through the accusations and

had her explain her actions in every instance.

When questioned about a dispute between Shaw and a deputy district

attorney over reducing a DUI charge for a U.S. Marine helicopter pilot,

Shaw said she didn’t make disparaging comments about the attorney’s

future family, as the allegations contend.

The attorney, Susan Laird, claimed Shaw made comments about the drinking

habits of her future father-in-law, who is a retired judge.

Shaw denied she knew anything about the relative’s alcohol consumption.

She said that while she was employed in the Orange County district

attorney’s office, she was the designated driver for her co-workers.

“When I was a D.A., my higher-ups had DUI convictions,” she said. “I

thought it was wrong to reduce the defendant’s charges when we worked

with a bunch of major alcoholics. I turned to her [Laird] and said she

should ask her future father-in-law about that.”

Shaw’s court demeanor was praised by more than 20 witnesses, most of whom

are respected judges and attorneys. The parade of witnesses testified

that Shaw goes beyond the call of duty to help defendants.

“She is part mother superior, part judge, part cheerleader and part

hammer when she needs to be,” said attorney Jennifer Keller. “She’s

different ... hard to describe. She’s not a neutral and detached

magistrate. She never has been ... she’s not going to start now.”

Yet Shaw has been criticized for her actions, some of which weren’t

listed in the complaint.

Most notably was a 1997 case against an Irvine man who was arrested for

possessing marijuana and 19 grams of methamphetamine. According to

unsealed court documents, Shaw allegedly leaned on a witness willing to

testify on behalf of the defendant.

The witness, who rented the home where the defendant was arrested,

appeared to be frightened by the possibility he may face criminal charges

-- an implication that was brought up by Shaw, according to court

documents.

“He can’t have his cake and eat it too,” Shaw responded to the

defendant’s attorney and the witness in closed-door conversations on

Sept. 19, 1997, documents said. “If he’s going to testify for his friend,

who happens to be at this residence with all his dope, he’s not going to

be able to take the Fifth [Amendment].”

The documents say Shaw suggested that because two teenagers were in the

home at the time of the arrest, the witness could be charged with a

crime. She cautioned again about the possible testimony.

“I don’t think it’s in his best interest at all,” she remarked.

When the court proceedings resumed, the defense attorney noted the

witness wouldn’t testify, documents said.

“I think that’s a smart move on his part,” Shaw concluded.

The case eventually was forwarded to another judge, who threw it out on

Dec. 12, 1997, when both prosecutors and defense attorneys objected to

Shaw’s purported involvement.